Articles 2022

Construction trials often involve a “battle of the experts” on issues such as causation in relation to construction defects and quantification of damages, including delay damages. A strong expert report can be a key element of a successful construction claim or defence. 

In one paragraph, the Court of Appeal issued an endorsement which may make it easier for a plaintiff, in some construction breach of trust cases against officers, directors and persons having effective control of a corporation, to continue to...

The Construction Law Section of the Ontario Bar Association has established an Award of Excellence to recognize exceptional contributions by individuals both to the law and the construction bar.

The following notice is provided for information purposes only. The OBA Construction Section Executive has been monitoring a developing issue since the fall of 2012 relating to the form of document used to vacate liens from title in many local Land Registry Offices across Ontario.

The recent decision from Alberta in Van T Holdings Inc. v. KCS Equipment Ltd. should be of interest to factoring companies and lien claimants.

Here is a tip that may help your clients fund the cost of their next lien claim.

Christmas Eve 2012 will mark the third anniversary of one of the most publicized workplace accidents in recent Canadian history.

In that hazy period between the award of tender and the actual execution of the construction contract, or Neverland as I like to call it, owners and contractors, like the Lost Boys of Neverland

Chief Justice McLachlin of the Supreme Court of Canada, in the summer of 2009, noted that fewer construction cases are being tried due to “complexity, time, preservation of relationships, cost, risk of outcome and other such factors”.